14Meaning of damage

14 Meaning of damage damage a protected tree includes the following: (a) kill or destroy the tree; (b) poison the tree; (c) ringbark the tree (whether partially or completely); (d) fell or remove the tree; (e) remove a hollow from the tree; (f) minor damage or anything else done to or in relation to the tree that— (i) is likely to cause it to die; or (ii) significantly reduces its life expectancy; or (iii) significantly and adversely affects its health, stability or general appearance. 1 damage a protected tree’s trunk or canopy by means of a machine 2 damage a protected tree’s root system by cutting or ripping its roots or compacting the soil 3 deface a protected tree by attaching items, such as nails or wire, to the tree or graffitiing the tree 4 contaminate soil around a protected tree by spilling chemicals or washing down construction products, such as cement, around the tree

(2) However, damage does not include— (a) minor pruning of a regulated tree; or (b) any cultural heritage practice undertaken in relation to a protected tree. Example—par (b) scarring or similarly modifying a tree hollow means a cavity in the trunk or branch of a tree. major pruning, of a tree, means pruning other than lopping, pollarding or minor pruning. minor damage, to a tree, means— (a) removing, cutting or breaking a branch of the tree; or (b) cutting branches or stems of the tree between branch unions (lopping); or (c) removing branches of the tree to a previously pruned or lopped point (pollarding); or (d) major pruning of the tree; or (e) defacing the tree. minor pruning, of a tree, means pruning that— (a) only involves removing deadwood; or (b) does not involve removing any limbs that have a diameter greater than 100mm; or (c) does not adversely affect the general appearance of the tree; or

Definitions Division 3.1 (d) for the first pruning of the tree in the calendar year—affects less than 10% of the canopy and does not alter the overall shape of the canopy; or (e) for a fruit tree—is done for fruit production.